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HomeMy WebLinkAbout09-City Attorney r CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN Subject: AN ORDINANCE OF THE CITY OF City Attorney SAN BERNARDINO AMENDING SECTION 9.69 OF THE SAN Dept: CITY ATTORNEY BERNARDINO MUNICIPAL CODE RELATING TO TRUANCY. Date: April 18, 2007 Synopsis of Previous Council Action: Ord. MC-996, 6-16-97. Legislative Review Committee recommended approval of Ordinance by full the Council, April 17, 2007. Recommended motion: Waive further reading and lay over for final adoption. nature Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Report Ward: N/A FUNDING REQUIREMENTS: Amount: NONE Source: N/A Finance: Council Notes: Agenda Item No. l �/y/n� STAFF REPORT TO: Mayor and Common Council FROM: City Attorney's Office DATE: April 18, 2007 AGENDA: AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.69 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRUANCY Background: Section 9.69 ofthe San Bernardino Municipal Code,which was adopted in 1997,is currently titled"Truancy-Minors." In a 2002 California case,Harrahill v. City of Monrovia,an ordinance of the City of Monrovia,which is almost identical to Section 9.69,was challenged on the ground that the area of truancy is preempted by the State of California Education Code. The court held that the area of truancy is regulated by the Education Code but upheld Monrovia's ordinance,which is titled "Daytime Curfew," because it did not seek to regulate the act of being truant,but instead to regulate "the policing of its streets during the specified daylight hours and the prevention of juvenile crime and juvenile victimization during those hours." Other cities in our area that have ordinances similar to Section 9.69 include Colton,Fontana, Ontario,Redlands,Rialto, and Riverside. Additionally,the San Bernardino County Code also has a similar provision. However, each of those cities and the County title their ordinance "Daylight Loitering." In light of the decision in the Harrahill case, the current title of Section 9.69, "Truancy- Minors," could lend itself to an argument that the Ordinance is invalid because it is seeking to regulate the act of being truant(which is preempted by the Education Code). In order to resolve this issue, it is recommended that the title of the Ordinance be changed from "Truancy-Minors"to "Daytime Loitering." Recommendation: An Ordinance of the Mayor and Common Council of the City of San Bernardino,California amending Chapter 9.69 of the San Bernardino Municipal Code relating to truancy. FIRST READING. Motion: That said Ordinance be laid over for final adoption. a s s i , 1 ORDINANCE NO. . 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.69 OF THE SAN BERNARDINO MUNICIPAL CODE. 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 4 ORDAIN AS FOLLOWS: 5 SECTION 1. San Bernardino Municipal Code Section 9.69 is hereby amended to read as follows: 6 "9.69 Daytime Loitering" 7 8 III 9 III 10 III 11 III 12 III 13 III 14 III .15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III . 28 III 5 6 Council Members: 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 . IS 16 17 18 19 Approved as to form: 20 JAMES F. PENMAN, 21 City Attorney By: 22 23 24 25 26 27 . 28 I .2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.69 OF THE SAN BERNARDINO MUNICIPAL CODE. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 3 Common Council of the City of San, Bernardino at a meeting thereof, held on the 4 of , ~7, by the following vote, to wit: AYES ABSTAIN ABSENT NAYS Kachel Clark, City Clerk The foregoing resolution is hereby approved this day of ,2007. Patrick J. Morris, Mayor City of San Bernardino